Baker & Hostetler LLP
The U.S. Court of Appeals for the Seventh Circuit, in an opinion written by Chief Judge Frank Easterbrook, reversed an Order certifying two multi-site classes of black construction workers alleging race discrimination based upon the U.S. Supreme Court’s decision in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011). In Bolden v Walsh Construction.pdf, (No. 12-2205, August 8, 2012) the Seventh Circuit panel found the 12 named plaintiffs failed to satisfy the requirement of Federal Rule of Civil Procedure 23(a)(2) that a class may be certified only if “there are questions of law or fact common to the class.”
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